30 Amendments of Tom VANDENKENDELAERE related to 2018/2121(INI)
Amendment 119 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Council to propose and adopt a comprehensive definition of aggressive tax planning indicators, building on both the hallmarks identified in the fifth review of the Directive on administrative cooperation (DAC6)26 and the Commission’s relevant studies and recommendations27 ; calls on Member States to use those indicators as a basis to repeal all harmful tax practices deriving from existing tax loopholes; calls on the Commission and the Council to regularly update these indicators if new aggressive tax planning arrangements or practices emerge; _________________ 26 Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements, OJ L 139, 5.6.2018, p. 1. 27 https://ec.europa.eu/taxation_customs/sites/ taxation/files/resources/documents/taxation /gen_info/economic_analysis/tax_papers/ta xation_paper_61.pdfand https://ec.europa.eu/taxation_customs/sites/ taxation/files/tax_policies_survey_2017.pd f
Amendment 212 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the provisions on Controlled Foreign Corporation (CFC) included in ATAD I to ensure that profits made by related companies parked in low or no-tax countries are effectively taxed; acknowledges that they prevent the absence or diversity of national CFC rules within the Union from distorting the functioning of the internal market beyond situations of wholly artificial arrangements as called for repeatedly by Parliament; deplores the coexistence of two approaches to implement CFC rules in ATAD I and calls on Member States to implement only the simpler and most efficient CFC rules as in ATAD I Article 7(2)(a);
Amendment 262 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to issue a proposal aimed at repealing patent boxes, and calls on Member States to favour non- harmful and, if appropriate, direct support for R&D; reiterates, in the meantime, its call to ensure that current patent boxes establish a genuine link to economic activity, such as expenditure tests, and that they do not distort competition; welcomes the improved definition of R&D costs in the common corporate tax base (CCTB) proposal;
Amendment 322 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Stresses that some Member States are unilaterally implementing, or are planning to implement, national measures on digital taxation, which might cause fragmentation and distort the level- playing field within the EU;
Amendment 323 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Urges the Commission to consider the possibility of establishing a digital tax within the framework of enhanced cooperation should the Council not be able to reach agreement on the 'Digital Services Tax';
Amendment 333 #
Motion for a resolution
Paragraph 36
Paragraph 36
36. Understands that the so-called interim solution is not optimal; believes that it will help speed up the search for a better solution at global level, while levelling the playing field in local markets to some extent; notes that the OECD/G20 2018 interim report regarding Action 1 of the BEPS Project on the tax challenges of the digital economy did not reach many firm conclusions and largely describes the competing views of stakeholders;
Amendment 346 #
Motion for a resolution
Paragraph 38
Paragraph 38
38. Reiterates its call for a broader scope in relation to the exchange of tax rulings and broader access by the Commission, and for more harmonisation of the tax ruling practices of different national tax authorities; calls on the Commission to swiftly release its first assessment of DAC3 in this regard, looking in particular at the number of rulings exchanged and the number of occasions on which national tax administrations accessed information held by another Member State; asks that the assessment also consider the impact of disclosing key information related to tax rulings (the number of rulings, the names of beneficiaries, the effective tax rate deriving from each ruling);
Amendment 354 #
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that not only information exchanges between, but also the sharing of best practices among tax authorities contribute to more efficient tax collection; calls on Member States to give priority to the sharing of best practices among tax authorities, especially regarding the digitalisation of tax administrations;
Amendment 372 #
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Notes that the German government was aware of the fraudulent cum-ex tax fraud practices for some years but only informed other Member States in 2015, and that the German Finance Ministry reportedly said it was aware of 418 different cases of cum-ex tax fraud with a combined value of EUR 5.7 billion;
Amendment 513 #
Motion for a resolution
Paragraph 64
Paragraph 64
64. Takes note that according to the Commission, businesses trading on a cross- border basis currently suffer from compliance costs which are 11 % higher compared to those incurred by companies that only trade domestically; notes that in particular SMEs suffer from disproportionate VAT compliance costs;
Amendment 531 #
Motion for a resolution
Paragraph 70
Paragraph 70
70. Welcomes, furthermore, the revision of the special schemes for SMEs51 which is key to ensuring a level playing field as VAT exemption schemes are currently only available to domestic players, and can contribute to the reduction of VAT compliance costs for SMEs; calls on the Council to take Parliament’s opinion of 11 September 201852 into account, particularly when it comes to further administrative simplification for SMEs; calls, therefore, on the Commission to set up an online portal through which SMEs willing to avail themselves of the exemption in another Member State are required to register, and to put in place a one-stop shop through which small enterprises can file VAT returns for the different Member States in which they operate; _________________ 51 Proposal for a Council Directive amending Directive 2006/112/EC on the common system of value added tax as regards the special scheme for small enterprises (COM(2018)0021). 52 European Parliament legislative resolution of 11 September 2018 on the proposal for a Council directive amending Directive 2006/112/EC on the common system of value added tax as regards the special scheme for small enterprises, Texts adopted, P8_TA(2018)0319.
Amendment 540 #
Motion for a resolution
Paragraph 71
Paragraph 71
71. Welcomes the opening of infringement procedures by the Commission on 8 March 2018 against Cyprus, Greece and Malta, and on 8 November 2018 against Italy and the Isle of Man, to ensure that they stop offering unlawful favourable tax treatment for private yachts, which distorts competition in the maritime sector;
Amendment 548 #
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and Eurofisc to rapidly conclude their investigations on the Isle of Man’s VAT collection practices on private yachts and aircraft, as revealed by the Paradise papers; and, if necessary, to open infringement procedureurges Member States to adopt a specific anti-abuse rule that would allow to ignore the leasing agreement in the case where the importer and the beneficiary are the same person or are related persons;
Amendment 556 #
Motion for a resolution
Paragraph 75
Paragraph 75
75. Points, however, to the need for better cooperation between the administrative, judicial and law- enforcement authorities within the EU, as highlighted by experts during the hearing held on 28 June 2018 and in a study commissioned by the TAX3 Committee; calls on all Member States to more actively participate in the Transactional Network Analysis (TNA) system in the framework of Eurofisc;
Amendment 557 #
Motion for a resolution
Paragraph 75 a (new)
Paragraph 75 a (new)
75a. Urges the Commission to examine the possibilities of real-time collection and communication of transactional VAT data by the Member States, as this would increase the effectiveness of Eurofisc and would allow further development of new strategies to defeat VAT fraud;
Amendment 660 #
Motion for a resolution
Paragraph 91
Paragraph 91
91. Concludes that the potential economic benefits of CBI and RBI schemes do not offset the serious money laundering and tax evasion risks they present; calls on Member States to phase out all existing CBI or RBI schemes as soon as possible; stresses that, in the meantime,stresses that Member States should properly ensure that enhanced CDD on applicants for citizenship or residence through these schemes is duly carried out, as required by AMLD5; stresses that AMLD5 outlines enhanced due-diligence for politically exposed persons (PEPs); calls on the Commission to monitor rigorously and continuously the proper implementation and application of CDD within the framework of CBI and RBI schemes until they are repealed in each Member State; CDD in the context of CBI and RBI schemes should aim to establish the suitability of applicants, ensure the sources of the wealth which will be invested in the scheme originate from legitimate means, and uncover any risk factors which may negatively impact the programme's integrity;
Amendment 684 #
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93 a. Stresses that better data collection is critical to forecast vulnerabilities induced by CBI and RBI schemes; urges the Commission to provide some guidance on the transparency standards to be followed by the Member States, which could include making the most relevant information and data they hold publicly available;
Amendment 794 #
Motion for a resolution
Paragraph 117 a (new)
Paragraph 117 a (new)
117 a. Notes that a number of Member States already have in place restrictions on cash payments as a measure to combat money laundering and terrorist financing activities; notes that fragmentation and the divergent nature of these measures have the potential of interfering with the proper functioning of the internal market; thereby calls on the Commission to come up with a proposal on European restrictions on payments in cash;
Amendment 830 #
Motion for a resolution
Paragraph 126
Paragraph 126
126. Recalls that pursuant to AMLD5 Member States are obliged to set up automated centralised mechanisms enabling swift identification of holders of bank and payment accounts, and to ensure that any FIU is able to provide information held in those centralised mechanisms to any other FIU in a timely manner; calls on the Member States to speed up the establishment of these mechanisms so that Member States’ FIUs and competent authorities are able to cooperate effectively with each other in order to detect and counteract money-laundering activities; calls on Member States to intensify cooperation between Financial Intelligence Units (FIUs) through FIU.net, thereby improving transparency, administrative cooperation and coordination and information exchange;
Amendment 860 #
Motion for a resolution
Paragraph 129 a (new)
Paragraph 129 a (new)
129 a. Stresses the importance of timely information in order to investigate serious crimes, disrupt criminal activities, stop terrorist plots, and detect and freeze proceeds of crime; highlights that many investigations come to a dead end because of failure to secure timely, accurate and comprehensive access to the relevant financial data;
Amendment 868 #
Motion for a resolution
Paragraph 130
Paragraph 130
130. Welcomes the fact that AMLD5 has broadened the list of obliged entities to include providers engaged in exchange services between virtual currencies and fiat currencies, custodian wallet providers, art traders and free ports; urges the Commission to closely follow-up on relevant crypto players that are currently not caught by AMLD5, and to expand the list of obliged entities when required;
Amendment 898 #
Motion for a resolution
Paragraph 138
Paragraph 138
138. Underlines the positive potential of new distributed ledger technologies, such as blockchain technology; notes at the same time the increasing abuse of new payment and transfer methods based on these technologies to launder criminal proceeds or to commit other financial crimes; acknowledges the need to monitor fast-changing technological developments to ensure that legislation addresses in an effective manner the abuse of new technologies and anonymity, which facilitates criminal activity;
Amendment 908 #
Motion for a resolution
Paragraph 139
Paragraph 139
139. Stresses that the FATF has recently highlighted the urgent need for all countries to take coordinated action to prevent the use of virtual assets for crime and terrorism, urging all jurisdictions to take legal and practical steps to prevent the misuse of virtual assets73 ; reiterates its call for an urgent assessment by the Commission of the implications for money laundering and tax crimes involving e- gaming activitiesstresses that the EU should continue to play a leadership role in advocating for a coherent and coordinated international regulatory framework around virtual currencies, building on efforts it has undertaken at the Group of Twenty (G20); _________________ 73 FATF, Regulation of virtual assets, 19 October 2018http://www.fatf- gafi.org/publications/fatfrecommendations/ documents/regulation-virtual-assets.html
Amendment 911 #
Motion for a resolution
Paragraph 139 a (new)
Paragraph 139 a (new)
139 a. Stresses the rise of the e-gaming (internet gambling) sector on the Isle of Man, which already accounts for 18% of Manx national income; reiterates its call for an urgent assessment by the Commission of the implications for money laundering and tax crimes involving e- gaming activities;
Amendment 913 #
Motion for a resolution
Paragraph 139 b (new)
Paragraph 139 b (new)
139 b. Urges the Commission to give clear guidance under which conditions virtual currencies can be classified as financial instruments and under which circumstances existing EU regulation is applicable for initial coin offerings;
Amendment 914 #
Motion for a resolution
Paragraph 139 c (new)
Paragraph 139 c (new)
139 c. Stresses that FIUs should be able to associate virtual currency addresses to the identity of the owner of virtual currencies, and that mandatory registration of users by designated authorities should be further assessed by the Commission;
Amendment 915 #
Motion for a resolution
Paragraph 139 d (new)
Paragraph 139 d (new)
139 d. Stresses that both Europol and individual Member States have informally engaged with the virtual currency industry to ensure cooperation in acting against illicit finance; urges to formalise this interaction through the establishment of public-private partnerships on virtual currencies;
Amendment 970 #
Motion for a resolution
Paragraph 151 a (new)
Paragraph 151 a (new)
151 a. Recalls that on 9 November 2018, the EU list of non-cooperative jurisdictions for tax purposes was composed of only five tax jurisdictions: American Samoa, Guam, Samoa, Trinidad and Tobago, and the US Virgin Island;
Amendment 1130 #
Motion for a resolution
Paragraph 177
Paragraph 177
177. Welcomes the broad definition of both ‘intermediary’ and ‘reportable cross- border arrangement’ in the recently adopted DAC683 ; calls to update the reportable transactions under DAC6 in order to also require the mandatory disclosure of dividend arbitrage schemes, including the granting of dividend and capital gains tax refunds; _________________ 83 OJ L 139, 5.6.2018, p. 1.
Amendment 1206 #
Motion for a resolution
Paragraph 188 a (new)
Paragraph 188 a (new)
188 a. Welcomes the Commission’s proposal for a Directive on the protection of persons reporting on breaches of Union law; urges to reach a balanced text that will protect whistle-blowers while ensuring that companies or administrations are not subject to excessive charges or slanderous accusations, and to secure exceptions for SMEs to avoid an excessive administrative burden;